The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Punishment of the crime

On February 25, 2019, at around 20:21, the Defendant: (a) caused an accident of escaping from a nearby farm course while driving a rocketing car while drinking alcohol on the roads B of the Chungcheongnam-gun; (b) on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, checking the state of drinking alcohol as a result of the measurement of drinking alcohol, from around 20:36 to 20:52 on the same day, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting it into three times in a manner of inserting it into a drinking measuring instrument.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and the actual condition report of the driver;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 28, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who had already been sentenced to a fine twice due to a drunk driving, once again driven while drunk, refused to conduct such a measurement, the defendant shows an attitude against his/her gender, and the defendant is not required to repeat the crime, and the punishment shall be determined by comprehensively taking account of various factors for sentencing such as the defendant's age, occupation, environment, family, etc.